GOOD DECISION

Judge Affirms Constitutional Rights

Police officers cannot just barge in to a residence without a warrant,
terrorize a family and conduct a search

The U.S. Constitution and the New York State Constitution protect
against such warrantless raids.

Yet that is what federal, state and local police officers did to a
family in the town of Alexandria last August.

Their actions drew a severe reprimand this week from Jefferson County
Court Judge Kim H. Martusewicz, and rightly so. The judge dismissed a
marijuana-growing case and chastised police for their tactics.

On Aug. 28, 2003, U.S. Border Patrol agents, state police and members
of the Metro-Jeff Drug Task Force descended on the home of Terrence M.
Sutton. Producing no warrant, they raided the house, searching for
drugs.

A helicopter was used in this invasion, and five squad cars. Officers
confronted Mr. Sutton's wife, Krystal, who was pregnant, and their
8-year-old daughter, both of whom were very upset, the judge noted.

The officers did not have permission to search and, for a long time,
would not identify themselves or what they were seeking. The mother
and daughter were separated through much of the ordeal, adding to the
trauma.

After two hours, police at the home typed out an application for a
search warrant and a town justice signed it.

Eventually, 35 potted marijuana plants were found in brush near the
home, as well as seeds, all of which were worth $50,000. But charges
against Mr. Sutton were dismissed due to police tactics.

That is too bad. Good police work could have resulted in a
conviction.

But as Judge Martusewicz said in his decision. "The methodical,
deliberate and coordinated lawless search and seizure at the Sutton
home and yard by a 10-member force of federal, state, county and city
law enforcement agents shocks the conscience of this court."

"The blatant and overwhelming violations of the applicable federal and
state constitutional provisions involved and the misleading and false
testimony of the government's witnesses in this case are inexcusable,"
he said.

It seems apparent that federal agents disregarded the legal process in
this case until Judge Martusewicz affirmed constitutional rights in
his courageous decision.

In future, the Jefferson County district attorney must ensure that
federal agents do not ride roughshod over local citizens in pursuit of
drugs or terrorists.

Certainly the community is interested in drug enforcement, but not at
the expense of constitutional rights.

"The citizens of this area of the state have a right to demand the
compliance by its government officials especially during the present
time when there is a heightened presence of federal agents in our
border area as a result of stepped-up homeland security activities,"
Judge Martusewicz said.

This is why we elect local judges.to protect individual rights and
guard the community's interests against violations committed by those
who should be upholding the law.